Willful And Malicious Injury

60 Florida cases classified under this topic · sorted by citation count · browse and sort

• Chrysler Credit Corp. v. Rebhan
  842 F.2d 1257· 11th Cir.· 1988-04-21 ·cited 37×
  The court held that a debtor's debt can be non-dischargeable under § 523(a)(6) if malice is implied or constructive, and that a prior dismissal of a claim can be modified before final adjudication.
• Spilman v. Harley
  656 F.2d 224· 6th Cir.· 1981-08-07 ·cited 36×
  Collateral estoppel should apply to factual issues in bankruptcy dischargeability proceedings if the requirements are met, but the bankruptcy court must examine the entire state court record to determine if the issue was actually litigated and necessary to the prior decision.
• In re Adams v. Adams
  761 F.2d 1422· 9th Cir.· 1985-05-29 ·cited 32×
  Debts arising from liabilities incurred as a result of drunk driving are nondischargeable, and this includes both compensatory and punitive damages.
• In re Caldwell v. Caldwell
  851 F.2d 852· 6th Cir.· 1988-07-14 ·cited 24×
  The court held that the district court's decision vacating the bankruptcy court's confirmation of a Chapter 13 plan was unreviewable because it failed to make explicit findings of fact or conclusions of law, and thus remanded for the district court to perform its appellate duty.
• In re Cecchini v. Cecchini
  780 F.2d 1440· 9th Cir.· 1986-01-17 ·cited 24×
  A debt arising from the intentional conversion of another's property without just cause or excuse is considered a willful and malicious injury, making it nondischargeable under 11 U.S.C. § 523(a)(6), even without proof of specific intent to injure.
• In re Held v. Held
  734 F.2d 628· 11th Cir.· 1984-06-18 ·cited 23×
  The bankruptcy court correctly determined that the state court judgment was dischargeable because the award of punitive damages did not necessarily establish that the conversion was willful and malicious as required by 11 U.S.C. § 523(a)(6).
• In re Fielder v. Fielder
  799 F.2d 656· 11th Cir.· 1986-09-05 ·cited 22×
  A debt arising from operating a motor vehicle while legally intoxicated, with a blood alcohol content of .208, constitutes willful and malicious injury under 11 U.S.C. § 523(a)(6) and is therefore nondischargeable.
• In re Long v. Long
  774 F.2d 875· 8th Cir.· 1985-10-02 ·cited 20×
  The court held that a debtor's breach of a security agreement, even if willful, does not preclude discharge unless accompanied by malice, defined as an intent to cause harm that is certain or substantially certain to occur.
• In re Compos v. Compos
  768 F.2d 1155· 10th Cir.· 1985-07-18 ·cited 20×
  The court held that debts arising from drunk driving are not automatically nondischargeable under § 523(a)(6) unless there is proof of a deliberate or intentional injury, not merely reckless disregard.
• In re Franklin v. Franklin
  726 F.2d 606· 10th Cir.· 1984-01-23 ·cited 20×
  The court held that the bankruptcy court's finding of willful and malicious conduct was supported by substantial evidence and not clearly erroneous, making the debt nondischargeable.
• In re Rahm v. Rahm
  641 F.2d 755· 9th Cir.· 1981-04-06 ·cited 20×
  A default judgment for violating a statute prohibiting the recording of confidential communications does not, by itself, establish that the debtor acted with malice, thus the debt is dischargeable in bankruptcy.
• In re Braen v. Braen
  900 F.2d 621· 3d Cir.· 1990-03-30 ·cited 18×
  The court held that collateral estoppel applies to a state court malicious prosecution judgment for determining nondischargeability under § 523(a)(6) because the burden of proof and malice standard were equivalent.
• In re Posta v. Posta
  866 F.2d 364· 10th Cir.· 1989-01-26 ·cited 18×
  A debt is not nondischargeable under § 523(a)(6) if the debtor's conversion of collateral was not malicious, meaning the debtor did not act with knowledge of the creditor's rights or foreseeability of harm.
• In re Lowell S. Fallick v. Kehr
  369 F.2d 899· 2d Cir.· 1966-12-14 ·cited 18×
  The dissenting judge believes that a bankruptcy discharge's legal effect should not be subject to the unreviewable decision of an arbitrator.
• Am. Serv. Co. v. Henderson
  120 F.2d 525· 4th Cir.· 1941-06-10 ·cited 18×
  A general discharge in a Chapter 77B reorganization proceeding bars claims for willful and malicious injuries and misappropriations, and the appellees failed to prove the existence of a trust fund or trace it into the appellant's assets.
• Combs v. Richardson
  838 F.2d 112· 4th Cir.· 1988-01-29 ·cited 17×
  A jury's finding that a debtor's actions were willful and malicious can collaterally estop the debtor from relitigating that issue in a bankruptcy discharge proceeding if the issue was actually and necessarily litigated in the prior action.
• DEN Haerynck v. Thompson
  228 F.2d 72· 10th Cir.· 1955-11-14 ·cited 14×
  A judgment for damages arising from death caused by reckless and willful operation of an automobile is not dischargeable in bankruptcy.
• In re Britton v. Price
  950 F.2d 602· 9th Cir.· 1991-12-06 ·cited 13×
  The court held that a debt incurred through fraud and willful and malicious injury is nondischargeable under the Bankruptcy Code, including punitive damages awarded for such conduct.
• In re Hallahan v. Hallahan
  936 F.2d 1496· 7th Cir.· 1991-07-10 ·cited 13×
  The court held that the restrictive covenant was enforceable under Missouri law, the damages were sufficiently proven, and the debtor had no right to a jury trial in the bankruptcy court for a dischargeability proceeding.
• In re LeMAIRE v. LeMAIRE
  898 F.2d 1346· 8th Cir.· 1990-03-26 ·cited 12×
  The majority opinion, which is being dissented from, reversed the bankruptcy court's finding of good faith in a Chapter 13 plan. The dissent argues this reversal was based on the majority's own public policy views rather than established legal standards.
• ST. Paul Fire & Marine Ins. Co. v. Vaughn
  779 F.2d 1003· 4th Cir.· 1985-12-26 ·cited 12×
  The court held that specific malice is not required to establish willful and malicious injury for nondischargeability under 11 U.S.C. § 523(a)(6), and that the debtor's actions constituted such injury.
• Rondle Lee Robertson v. Interstate Sec. Co.
  435 F.2d 784· 8th Cir.· 1971-01-08 ·cited 12×
  The court held that a state court judgment for conversion, entered after a bankruptcy discharge and without a finding of willful or malicious conduct, is dischargeable and should be enjoined from enforcement.
• In re Yanks v. Yanks
  931 F.2d 42· 11th Cir.· 1991-05-13 ·cited 11×
  The court held that a prior state court defamation judgment, which included a finding of malice, has collateral estoppel effect in a federal bankruptcy proceeding to prevent discharge of the debt under 11 U.S.C. § 523(a)(6).
• In re Latch v. Latch
  820 F.2d 1163· 11th Cir.· 1987-07-02 ·cited 10×
  A prior judgment unambiguously establishing willfulness and maliciousness collaterally estops a bankruptcy court from relitigating those issues for dischargeability purposes.
• In re Hill v. Hill
  811 F.2d 484· 9th Cir.· 1987-02-24 ·cited 10×
  The bankruptcy rules setting deadlines for filing nondischargeability complaints are valid procedural rules and do not contravene the statute granting the right to challenge dischargeability, even if they result in hardship.
• In re Quezada v. Quezada
  718 F.2d 121· 5th Cir.· 1983-10-24 ·cited 10×
  The court held that negligently allowing a vicious dog to escape and cause injury does not constitute a "willful and malicious injury" for the purpose of making the debt nondischargeable under Section 523(a)(6) of the Bankruptcy Code.
• In re Huey P. (Mio) Grey and Ann P. (Mio) Grey v. Huey P. (Mio) Grey
  902 F.2d 1479· 10th Cir.· 1990-04-26 ·cited 8×
  The Tenth Circuit affirmed the district court's orders, holding that the security agreement included after-acquired property and that the debtor's sale of collateral constituted willful and malicious injury, rendering the debt nondischargeable.
• Yamaha Motor Corp. U.S.A. & Yamaha Parts Distribs. v. Shadco, Inc.
  762 F.2d 668· 8th Cir.· 1985-05-20 ·cited 8×
  The court held that Bankruptcy Code Section 523(a)(6), which provides exceptions to discharge for willful and malicious injury, does not apply to corporate debtors. It also held that a stipulation between the parties settled the issue of adequate protection, precluding a claim fo
• Garrie v. James L. Gray, Inc.
  912 F.2d 808· 5th Cir.· 1990-09-25 ·cited 6×
  The court held that a seaman's inquiry to the Coast Guard about regulations, without reporting a violation or intending to do so, does not fall under the protection of 46 U.S.C. § 2114, and thus does not create an exception to the employment-at-will doctrine under general maritim
• Perkins v. Scharffe
  817 F.2d 392· 6th Cir.· 1987-05-05 ·cited 6×
• Cassidy v. Minihan
  794 F.2d 340· 8th Cir.· 1986-06-20 ·cited 6×
  A debt arising from drunk-driving liability is dischargeable under 11 U.S.C. § 523(a)(6) unless the debtor acted with the specific intent to injure the creditor.
• Chrysler Credit Corp. v. Perry Chrysler Plymouth, Inc.
  783 F.2d 480· 5th Cir.· 1986-02-18 ·cited 6×
  The court held that Julian Perry is personally liable for funds he tortiously converted to his own use, and this debt is not dischargeable in bankruptcy as it constitutes willful and malicious injury. However, his liability as a corporate officer for the corporation's conversion
• Lawrence T. Lasagna, Inc. v. Gary L. Foster dba Sno-White Drive-In, Inc.
  609 F.2d 392· 9th Cir.· 1979-12-07 ·cited 6×
  The court held that the Bankruptcy Act's Section 17(a)(8) does not apply to the discharge of a debt arising from a fraudulent conveyance that caused corporate insolvency, as no specific 'property' of the creditor was willfully and maliciously injured.
• In re Vickers v. Home Indem. Co., Inc.
  546 F.2d 1149· 5th Cir.· 1977-02-09 ·cited 6×
  A debt arising from a stabbing, even if provoked by words, is considered a willful and malicious injury and is therefore nondischargeable in bankruptcy. Furthermore, unliquidated tort claims are not provable debts and thus not dischargeable.
• Wheeler v. Laudani
  783 F.2d 610· 6th Cir.· 1986-02-11 ·cited 5×
  The court held that a general jury verdict for libel does not automatically establish the "willful and malicious injury" required to prevent discharge of the debt under 11 U.S.C. § 523(a)(6), as the verdict could have been based on reckless disregard rather than knowledge of fals
• In re Pasek v. Pasek
  983 F.2d 1524· 10th Cir.· 1993-01-20 ·cited 4×
  A debt is not dischargeable under 11 U.S.C. § 523(a)(6) only if the debtor acted with intent to cause injury, not merely with intent to perform the act that caused injury.
• In re Miera v. Miera
  926 F.2d 741· 8th Cir.· 1991-02-22 ·cited 4×
  Debts arising from willful and malicious injury, including punitive damages, are nondischargeable under section 523(a)(6) of the Bankruptcy Code, and collateral estoppel applies to issues determined in prior state court proceedings.
• In re Wrenn v. Wrenn
  791 F.2d 1542· 11th Cir.· 1986-06-25 ·cited 4×
  Filing a frivolous lawsuit, even if deemed unreasonable or without foundation, does not automatically constitute 'willful and malicious injury' for the purpose of making a debt nondischargeable in bankruptcy.
• In re Dardar v. Dardar
  620 F.2d 39· 5th Cir.· 1980-06-18 ·cited 4×
  The court held that the debtor's actions in beating the creditor after the initial aggression had ceased were not justified under the aggressor doctrine, making the resulting debt nondischargeable.
• In re Franklin v. Franklin
  615 F.2d 909· 10th Cir.· 1980-02-20 ·cited 4×
  The court held that the bankruptcy court is not confined to the state court record when determining dischargeability of a debt, overturning prior reliance on the Nicholas rule.
• In re Baitcher v. Baitcher
  781 F.2d 1529· 11th Cir.· 1986-02-10 ·cited 3×
  The court held that summary judgment was inappropriate because there were triable issues of fact regarding whether the debtor intentionally failed to list the creditor's claim, and whether the debtor committed fraud or willful and malicious injury.
• Transamerica Commercial Fin. Corp. v. James
  152 B.R. 994· M.D. Fla.· 1992-05-21 ·cited 2×
  The court held that the Bankruptcy Court correctly determined that Anne James' debt to the appellee was non-dischargeable under 11 U.S.C. § 523(a)(6) due to willful and malicious conversion.
• Vulcan Coals, Inc. v. Laurence B. Howard, Jr.
  946 F.2d 1226· 6th Cir.· 1991-10-18 ·cited 2×
  The court held that the plaintiffs' complaint sufficiently alleged a cause of action under 11 U.S.C. § 523(a)(6) for willful and malicious injury, specifically conversion, and that the lower courts erred in dismissing it.
• In re Littleton v. Littleton
  942 F.2d 551· 9th Cir.· 1991-08-12 ·cited 2×
  The court held that the debtors' actions did not constitute willful and malicious injury under 11 U.S.C. § 523(a)(6) nor embezzlement under 11 U.S.C. § 523(a)(4), making the debts dischargeable.
• In re Maurice L. Bercier, M.D. v. Maurice L. Bercier, M.D.
  934 F.2d 689· 5th Cir.· 1991-07-03 ·cited 2×
  The court held that the district court erred in allowing the Bank of Louisiana to raise a claim under § 523(a)(6) for the first time on appeal, and that based on the bankruptcy court's findings, the debt was dischargeable under § 523(a)(2).
• Sunco Sales, Inc. v. Latch
  58 B.R. 596· S.D. Fla.· 1986-02-28 ·cited 2×
  The Bankruptcy Court erred by finding the debt nondischargeable based on insufficient evidence, as the prior jury verdict for civil theft sufficiently established willful and malicious injury.
• In re Cecchini v. Cecchini
  772 F.2d 1493· 9th Cir.· 1985-10-04 ·cited 2×
  A debt arising from the intentional conversion of another's property without just cause or excuse is a willful and malicious injury, rendering it nondischargeable under 11 U.S.C. § 523(a)(6), even without specific intent to injure the creditor.
• In re Pitner v. Pitner
  696 F.2d 447· 6th Cir.· 1982-12-27 ·cited 2×
  A judgment debt arising from a deliberate, unjustified shooting, even if characterized as assault and battery, is not dischargeable in bankruptcy as it constitutes a willful and malicious injury.
• Gornall v. Sadwin (In Re Sadwin)
  15 B.R. 884· M.D. Fla.· 1981-12-09 ·cited 2×
  The court held that the Bankruptcy Court's finding that the debt was dischargeable was not clearly erroneous, affirming the judgment.
• Watson v. Shenekka Bradsher
  11th Cir.· 2025-08-04
  Debts arising from judgments for false imprisonment are nondischargeable in bankruptcy if they constitute willful and malicious injury, even if the debtor genuinely believed the underlying accusation was true.